Legislature(2005 - 2006)

2005-03-15 House Journal

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2005-03-15                     House Journal                      Page 0599
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Tuesday                March 15, 2005                            
                                                                                                    
                            Sixty-fifth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:13 a.m.                                                                                
                                                                                                    
Roll call showed 31 members present.  Representatives Anderson,                                     
Holm, Joule, McGuire, and Salmon had been previously excused from                                   
a call of the House today.  Representatives Crawford, Croft,                                        
Guttenberg, and Samuels were absent and their presence was noted                                    
later.                                                                                              
                                                                                                    
The invocation was offered by the Chaplain, David Dierdorff of the                                  
Juneau Unitarian Universalist Fellowship.  Representative Gardner                                   
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
    Great Unknowable Spirit of Life:  You have manifested                                           
    Yourself to us in many tongues, many forms, and at many                                         
    times in our history.  You have always taught us love, no                                       
    matter the tongue; have always taught us respect, no matter                                     
    the form; and have always taught us charity and tolerance, no                                   
    matter the time.  We have ignored or misused these messages                                     
    too often.                                                                                      
                                                                                                    
    Help the House today as it works to solve the problems of                                       
    governing our great land.  Help the men and women of the                                        
    House to remember what is important and what is fleeting;                                       
    what must be solved and what can wait another day; what is                                      
    the work of government and what is the work of our civic                                        
    institutions and homes.                                                                         
                                                                                                    

2005-03-15                     House Journal                      Page 0600
    Finally, help them to bridge the gaps that divide them.  Their                                  
    time in this building is finite just as our time on earth.  Help                                
    them find the wisdom and courage to move past petty and                                         
    partisan differences to serve the common good.  So be it.                                       
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Wilson.                                          
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 64th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
HR 1                                                                                              
A message dated March 14, 2005, was read stating the Governor has                                   
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    HOUSE RESOLUTION NO. 1                                                                          
    Establishing a House Special Committee on Oil and Gas.                                          
                                                                                                    
    House Resolve No. 1                                                                             
                                                                                                    
HCR 1                                                                                             
A message dated March 14, 2005, was read stating the Governor has                                   
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 1                                                               
    Relating to declaring March 2005 as Sobriety Awareness Month.                                   
                                                                                                    
    Legislative Resolve No. 1                                                                       
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 115                                                                                            
A message dated March 14, 2005, was read stating the Senate has                                     
passed:                                                                                             

2005-03-15                     House Journal                      Page 0601
    CS FOR HOUSE BILL NO. 115(TRA)                                                                  
    "An Act relating to charges paid or collected by users or                                       
    occupants of an airport facility owned or controlled by the state;                              
    and providing for an effective date."                                                           
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
CSHB 115(TRA) is under Unfinished Business.                                                         
                                                                                                    
**The presence of Representative Samuels was noted.                                                 
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HCR 3                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 3                                                               
    Relating to renewable energy resource development.                                              
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Olson, Elkins, LeDoux, Crawford, Seaton, Ramras                                       
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Zero, House Labor & Commerce Committee/Dept. of Commerce,                                        
Community, & Economic Development                                                                   
                                                                                                    
HCR 3 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 75                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    

2005-03-15                     House Journal                      Page 0602
    HOUSE BILL NO. 75                                                                               
    "An Act relating to promoting and preserving sport hunting in the                               
    state."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 75(RES)                                                                   
    "An Act relating to the duties of the commissioner of fish and                                  
    game, Board of Fisheries, and Board of Game in promoting and                                    
    preserving fishing, hunting, and trapping in the state."                                        
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Olson, Elkins, Crawford, Samuels, Ramras                                              
                                                                                                    
No recommendation (2):  Seaton, LeDoux                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 75(RES):                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
HB 75 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HB 171                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 171                                                                              
    "An Act relating to the retrospective application and applicability                             
    of the overtime compensation exemption for flight crew members;                                 
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Kott, Anderson                                                                        
                                                                                                    
No recommendation (3):  Guttenberg, Lynn, Crawford                                                  
                                                                                                    

2005-03-15                     House Journal                      Page 0603
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 171 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representatives Guttenberg, Crawford, and Croft                                   
was noted.                                                                                          
                                                                                                    
SJR 6                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE JOINT RESOLUTION NO. 6                                                                   
    Relating to a reduction in the Federal Medical Assistance                                       
    Percentage for Alaskans, and urging the United States Congress to                               
    take action to prevent the reduction.                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
            HOUSE CS FOR SENATE JOINT RESOLUTION NO. 6(FIN)                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Hawker, Croft, Foster, Meyer                                                          
                                                                                                    
No recommendation (2):  Stoltze, Kelly                                                              
                                                                                                    
The following fiscal note(s) apply to HCS SJR 6(FIN):                                               
                                                                                                    
1.  Zero, Health, Education & Social Services                                                       
2.  Zero, Health, Education & Social Services                                                       
3.  Zero, Health, Education & Social Services                                                       
4.  Zero, Health, Education & Social Services                                                       
                                                                                                    
SJR 6 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    

2005-03-15                     House Journal                      Page 0604
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 218                                                                                            
HOUSE BILL NO. 218 by Representative Thomas, entitled:                                              
                                                                                                    
    "An Act relating to cost recovery fisheries for private nonprofit                               
    hatchery facilities."                                                                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
HB 219                                                                                            
HOUSE BILL NO. 219 by Representative Hawker, entitled:                                              
                                                                                                    
    "An Act relating to crimes and dangerous instruments."                                          
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 85                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 85                                                                               
    "An Act relating to self-administration and documentation of                                    
    certain types of medication prescribed to a child attending school."                            
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 HES RPT CS(HES) 6DP                                                  347                           
 FN1: INDETERMINATE(EED)                                              347                           
 JUD RPT CS(JUD) 5DP                                                  561                           
 FN2: ZERO(EED)                                                       561                           
 FIN REFERRAL WAIVED                                                  571                           
                                                                                                    

2005-03-15                     House Journal                      Page 0605
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 85(JUD)                                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 85(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 85(JUD) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 85(JUD) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 85(JUD)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Kapsner, Kelly, Kerttula, Kohring, Kott,                                
LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                      
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Excused:  Anderson, Holm, Joule, McGuire, Salmon                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 85(JUD) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                 SECOND READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SCR 2                                                                                             
The following was read the second time:                                                             
                                                                                                    

2005-03-15                     House Journal                      Page 0606
    SENATE CONCURRENT RESOLUTION NO. 2                                                              
    Proclaiming 2005 as Rotary International Year.                                                  
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FN1: ZERO(LEG)                                                                                     
 STA REFERRAL WAIVED                                                  546                           
                                                                                                    
The question being:  "Shall SCR 2 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SCR 2                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Kapsner, Kelly, Kerttula, Kohring, Kott,                                
LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels,                                      
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Excused:  Anderson, Holm, Joule, McGuire, Salmon                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SCR 2 passed the House, was signed by the Speaker and                                       
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - The Mat-Su Miners, 2004 Alaska Baseball League                                           
Champions                                                                                           
By Representatives Stoltze, Gatto, Kohring, Neuman, Harris,                                         
Anderson, Cissna, Crawford, Dahlstrom, Elkins, Gara, Gruenberg,                                     
Guttenberg, Hawker, Kerttula, LeDoux, Lynn, McGuire, Meyer,                                         
Olson, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson;                                          
Senators Green, Huggins                                                                             
                                                                                                    

2005-03-15                     House Journal                      Page 0607
Honoring - Carol Barril                                                                             
By Senator Wagoner; Representatives Olson, Chenault, Harris,                                        
Anderson, Cissna, Crawford, Dahlstrom, Elkins, Gara, Gruenberg,                                     
Guttenberg, Hawker, Kerttula, LeDoux, McGuire, Meyer, Neuman,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Honoring - Linda Landvik                                                                            
By Senator Wagoner; Representatives Olson, Chenault, Harris,                                        
Anderson, Cissna, Crawford, Dahlstrom, Elkins, Gara, Gruenberg,                                     
Guttenberg, Hawker, Kerttula, LeDoux, McGuire, Meyer, Neuman,                                       
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Honoring - Jason Hamlin and Sears, Greater Wasilla Chamber of                                       
Commerce Corporate Business of the Year                                                             
By Senator Green; Representatives Stoltze, Harris, Anderson, Cissna,                                
Crawford, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker,                                   
Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                     
Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson                                                  
                                                                                                    
Honoring - Kevin Priestley of Palmer, 2005 Prudential Spirit of                                     
Community Award                                                                                     
By Senator Green; Representatives Harris, Anderson, Cissna,                                         
Crawford, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker,                                   
Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                     
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
Honoring - Brittany Heck of Wasilla, 2005 Prudential Spirit of                                      
Community Award                                                                                     
By Senator Green; Representatives Harris, Anderson, Cissna,                                         
Crawford, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker,                                   
Kerttula, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                     
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    

2005-03-15                     House Journal                      Page 0608
Representative Kott - from noon, March 15 to 9:30 a.m., plane time,                                 
March 16, 2005                                                                                      
                                                                                                    
HB 171                                                                                            
The Speaker added a Judiciary Committee referral and removed the                                    
Finance Committee referral for the following:                                                       
                                                                                                    
    HOUSE BILL NO. 171                                                                              
    "An Act relating to the retrospective application and applicability                             
    of the overtime compensation exemption for flight crew members;                                 
    and providing for an effective date."                                                           
                                                                                                    
HB 171 was removed from the Finance Committee and referred to the                                   
Judiciary Committee.                                                                                
                                                                                                    
HB 85                                                                                             
Representatives Gardner, Dahlstrom, and Lynn added their names as                                   
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 85(JUD)                                                                   
    "An Act relating to self-administration and documentation of                                    
    certain types of medication prescribed to a child attending school."                            
                                                                                                    
HB 196                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 196                                                                              
    "An Act relating to the alternative energy project loan program of                              
    the Alaska Industrial Development and Export Authority."                                        
                                                                                                    
HB 215                                                                                            
Representative Hawker added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 215                                                                              
    "An Act relating to the investment responsibilities of the Alaska                               
    Permanent Fund Corporation; relating to regulations proposed and                                
    adopted by the Board of Trustees of the Alaska Permanent Fund                                   
    Corporation and providing procedures for the adoption of                                        
    regulations by the board; and providing for an effective date."                                
                                                                                                    

2005-03-15                     House Journal                      Page 0609
SCR 2                                                                                             
Representatives Kelly, Rokeberg, Seaton, Stoltze, and LeDoux added                                  
their names as cross sponsors to:                                                                   
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 2                                                              
    Proclaiming 2005 as Rotary International Year.                                                  
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HB 158                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 9:05 a.m.,                                 
March 15, 2005:                                                                                     
                                                                                                    
    HOUSE BILL NO. 158                                                                              
    "An Act relating to the public school account and renaming the                                  
    public school account as the public education fund; and providing                               
    for an effective date."                                                                         
                                                                                                    
The following memorandum, dated March 14, 2005, was received                                        
from Patty Rose, Enrolling Secretary, Division of Legal and Research                                
Services:                                                                                           
                                                                                                    
"In accordance with Rule 43, Uniform Rules of the Alaska State                                      
Legislature, I am reporting the following manifest error in HB 158,                                 
which has been corrected in enrolling:                                                              
                                                                                                    
Page 2, lines 5 - 6:                                                                                
 Delete "[SCHOOL ACCOUNT] for purposes of this chapter"                                         
 Insert "for purposes of this chapter [SCHOOL ACCOUNT]""                                        
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 85                                                                                             
CSHB 85(JUD) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    

2005-03-15                     House Journal                      Page 0610
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 16, 2005.  There being no                                     
objection, the House adjourned at 10:41 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk